Crawford avalanche. (Grayling, Mich.) 1879-19??, 1887-05-05
RIGHTS OF HoMtsTEADtRs.
President Cleveland Declares
Against Railroad Land
Grabbing.
The Secretary of the Interior Receives
Instructions as to How He Shall
Proceed.

The President has addressed the follow
ing letter to the Secretary Of the Interior,
relating 10 the controversy between the
Northern Pacific Railroad and settler in
Washington Territory:
DEAR SIR: 1 have examined with much
care and interest the questions involved in tho
conflicting of claims OF Guilford il. Miller and
the Northern Pacific RAILROAD Company to GER
tain public land in Washington Territory. The
legal aspects of the case have been examined
and passed upon by several officers OF the Gov
ernment, who do not agree in their conclusions.
Miller claims TO be a settler upon the land in
question, whose possession dates from 1873
He alleges that he has made substantial
improvements upon this land and cuiti-
waited the same, and it appears that he
fled his claim to the same under tue
homestead law ON the 10Th day OF DeceIn-
ber, 1881. The railroad company contends
that this land is within the territory or area
from which IL was entitled TO select such
quantity OF public land as might be necessary
TO supply any deficiency that should be found
grant by the Government to said company in
aid OF the construction OF the road, such deh-
cheney being contemplated as likely To arise
from the paramount right to private parties and
settlers within the territory embracing said
granted lands, and that the land in dispute was
thus selected by the company ON the 18th day OF
large tract including this land, was with
drawn by order of the Interior Department.
from sale and from presumption and homestead
entry in 1877 in anticipation OF the con-
strrction OF said railroad, and defcieAcy
in its granted lands. In $780, upon the filing
OF map OF definite location OF the road, the
land in controversy, and much moro which
had been so withdrawn, was found to lie
outside Of the limits which included the
granted land but its withdrawal and resorva-
tion from settlement and entry under our land
laws was continued upon the theory that IL
was within the limits OF indemnity lands which
might be selected by the company as provided
Int loxr hi fla anti ha lana TOin
in this controversy turned upon the validity
and effect of the withdrawal and reservation OF
this land and the continuing thereof The Attor-
ney General is OF the opinion that such with
drawal and reservation were at all times
effectual and they operated TO prevent
Miller from acquiring any interest in .,,9r or
Interpretation of the law, and the former or
ders and action of the Interior Department, it
will be seen that the effect has been the with
drawal and reservation since 1872 OF thousands
II not millions Of acres Of these lands from the
operation OF the land laws OF the United States,
thus placing them beyond the reach OF our citi-
zens desiring under such laws to settle and
make homes upon the Same, and that this has
been done for the benefit Of a railroad company,
having no fixed, certain, nor definite interests in
such lands. In this manner the beneficial policy
and intention Of the Government in relation to
the public domain have for all these years TO
that extent been thwarted. There seems to be
no evidence presented showing how much, IL
any, Of this vast tract is necessary for the full
hllment OF the grant to the railroad company,
nor does there appear to be any Limitation OF
known, and the corporation Is obliged TO make
its selection. After a lapse OF fifteen
years this large body OF the public do
exclusion Of settlers, for the convenience OF
a corporate beneficiary Of the Government and
awaiting its selection. though i Is entirely GER
tain that mucn of the reserved land can never
be honestly claimed by said corporation. Such
a condition OF the public lands should no longer
continue So far as it is the result of executive
nd afb "a
and so far as it is a consequence OF IMPROVE
dent laws these should be repealed or amended.
Our public domain is our national wealth, the
earnest OF our growth, and the heritage OF our
people. 1t should promise Hlnitless develop.
ment and riches, relief to q crowded population,
and homes Of thrift and industry. These ines
timable advantages should be jealously guard
cd. and q careful and enlightened policy on the
part of the Government should secure them to
the people,
In the case under consideration assume that
there Is an abundance OF land within the area
which has been reserved for indemnity, in
which no citizen or settler has legal or equit-
able interest, for all purposes OF such indem-
MITIGATION to this railroad company-if its grant
has not been already satisfied. understand
too, that selections made by such corporations
are not complete and effectual until the same
have been approved by the Secretary OF the In
terror, or unless they are made in the words OF
the statute, under his direction. You have thus
far taken no action in this matter, and it seems
TO me that you are in condition to deal with
the subject in such a manner as to protect the
settler from nardShlp ana loss.
transmit herewith the papers and docu-
mepts relating to the cases which were submit
ted to me at my request suggest that you OK
ercise the power and authority you have in tho
premises, upon equitable consideration with
every presumption and intendment in favor Of
the settler, and, I'm case you find this corpora
than It has already acquired, that you direct It
to select in lieu OF the land upon which Mr.,
Miller has settled, other land within the limits
OF this indemnity reservation, upon which
neither he nor any other citizen has In good
faith settled or made improvements.
call your attention to Sections AJ0 and 2451
| OF the Revised Statutes Of the United States as
pointing out a mode OF procedure which may
perhaps be resorted to IL necessary for tho pur-
pose OF reaching just and equitable disposition
| Of the case. The suggestions herein contained
| can, believe, be adopted without disregarding
| or calling in question the opinion OF the Attor-
ney General upon the purely legal propositions
| which were submitted to him. Yours very
| truly, GROVER CLEVELAND,
To the Secretary Of the Interior, Washington.